Justice Neil Gorsuch on Thursday declared the U.S. Supreme Court’s “shameful” Insular Cases rest on a “rotten foundation” and should soon be “squarely” overruled. He and his colleagues could get that opportunity next term.

Gorsuch’s comments on the Insular Cases, a series of racist opinions decided in 1901 about the status of U.S. territories acquired in the Spanish-American War, came in his 10-page concurrence in the justices’ decision in United States v. Vaello Madero.